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Ernst: In politics, there's always a loophole

Published: Tuesday, January 22, 2013 at 1:37 p.m.

Last Modified: Tuesday, January 22, 2013 at 1:37 p.m.

You know the Florida Legislature is gearing up for another session when you see lawmakers lining up to warn of the unsustainability of entitlement programs.

Only this time, the legislators aren't talking about Medicaid.

They're talking about their own entitlements, such as the Committees of Continuous Existence.

Whenever a state rep starts feeling a little blue about the low pay of government service, all he has to do is open a CCE. Special interests pour tens of thousands of dollars into the fund, skirting the usual campaign finance rules and the ban against giving gifts.

The legislator can use the money practically at will, which, as one can imagine, has led to considerable abuse.

Collectively, it has created the perception that lawmakers, who are supposed to work for the people, are instead beholden to whomever has the money and willingness to underwrite their slush funds.

Little wonder that an opinion poll in December found that only 35 percent of Florida's voters approve of the Legislature's performance.

Maybe another round of ethics reforms will help. Sen. President Don Gaetz, R-Niceville, and House Speaker Will Weatherford, R-Wesley Chapel, are working on them.

The pair led an impressive redistricting effort that held gerrymandering to a minimum, so there is hope.

Bills under consideration would eliminate CCEs for legislators, strengthen the two-year prohibition on lobbying once lawmakers leave office; ban legislators from taking other jobs in the public sector as a result of their positions; and allow for the collection of fines when elected officeholders do not disclose their personal finances as required.

Any of these would probably improve conditions as well as perceptions.

But let's not expect a miracle.

Here's one reason. According to The Associated Press, about 37,000 city, county and state officials are required to file yearly reports detailing their personal assets, debts and income.

About 800, or 2 percent, do not file the reports. And many of them do not pay the fines that the state Commission on Ethics levies in answer to their refusal. The state ends up writing off the debts because it has no legal teeth to collect them.

These transgressors are not run-of-the-mill citizens. They are the so-called cream of our society, empowered to generate, administer and enforce the laws that govern us.

It's bad enough that they don't do what's right, even worse that the law can't make them. Maybe that's because they, or their peers, have established the enforcement provisions of the law.

It seems that in the political world, there's always a loophole. Even when corruption comes to a head every once in a while, prompting a new appreciation of ethics, the chance of meaningful change remains slim.

One of the interesting byproducts of the legislative examination of the rules is a move to get rid of any caps to political contributions. Florida requires that contributors limit their donations to $500 for the primary, $500 for the general election per candidate.

Of course, the CCEs, donations to political parties and other avenues have made a mockery of the limit. Of the $306 million spent in Florida during the 2011-12 election cycle, $230 million went to political parties and committees that did not have to adhere to the limit, the Miami Herald reported on Jan. 15.

"There is no evidence that caps on contributions are effective. The money is going to find its way into the system. It is broken in every way," Dan Krassner, executive director of Integrity Florida, told the newspaper.

Integrity Florida, along with the House speaker, would like to forgo the contribution limits. That sounds pretty cynical, ceding any election to whomever has the most to spend on it, even if stricter reporting requirements let us know who it is quicker.

Taking a cue from the financial disclosure enforcement, the legislators should talk less about what rules to establish and more about what happens when those rules aren't followed.

<p>You know the Florida Legislature is gearing up for another session when you see lawmakers lining up to warn of the unsustainability of entitlement programs.</p><p>Only this time, the legislators aren't talking about Medicaid.</p><p>They're talking about their own entitlements, such as the Committees of Continuous Existence.</p><p>Whenever a state rep starts feeling a little blue about the low pay of government service, all he has to do is open a CCE. Special interests pour tens of thousands of dollars into the fund, skirting the usual campaign finance rules and the ban against giving gifts.</p><p>The legislator can use the money practically at will, which, as one can imagine, has led to considerable abuse.</p><p>Collectively, it has created the perception that lawmakers, who are supposed to work for the people, are instead beholden to whomever has the money and willingness to underwrite their slush funds.</p><p>Little wonder that an opinion poll in December found that only 35 percent of Florida's voters approve of the Legislature's performance.</p><p>Maybe another round of ethics reforms will help. Sen. President Don Gaetz, R-Niceville, and House Speaker Will Weatherford, R-Wesley Chapel, are working on them.</p><p>The pair led an impressive redistricting effort that held gerrymandering to a minimum, so there is hope.</p><p>Bills under consideration would eliminate CCEs for legislators, strengthen the two-year prohibition on lobbying once lawmakers leave office; ban legislators from taking other jobs in the public sector as a result of their positions; and allow for the collection of fines when elected officeholders do not disclose their personal finances as required.</p><p>Any of these would probably improve conditions as well as perceptions.</p><p>But let's not expect a miracle.</p><p>Here's one reason. According to The Associated Press, about 37,000 city, county and state officials are required to file yearly reports detailing their personal assets, debts and income.</p><p>About 800, or 2 percent, do not file the reports. And many of them do not pay the fines that the state Commission on Ethics levies in answer to their refusal. The state ends up writing off the debts because it has no legal teeth to collect them.</p><p>These transgressors are not run-of-the-mill citizens. They are the so-called cream of our society, empowered to generate, administer and enforce the laws that govern us.</p><p>It's bad enough that they don't do what's right, even worse that the law can't make them. Maybe that's because they, or their peers, have established the enforcement provisions of the law.</p><p>It seems that in the political world, there's always a loophole. Even when corruption comes to a head every once in a while, prompting a new appreciation of ethics, the chance of meaningful change remains slim.</p><p>One of the interesting byproducts of the legislative examination of the rules is a move to get rid of any caps to political contributions. Florida requires that contributors limit their donations to $500 for the primary, $500 for the general election per candidate.</p><p>Of course, the CCEs, donations to political parties and other avenues have made a mockery of the limit. Of the $306 million spent in Florida during the 2011-12 election cycle, $230 million went to political parties and committees that did not have to adhere to the limit, the Miami Herald reported on Jan. 15.</p><p>"There is no evidence that caps on contributions are effective. The money is going to find its way into the system. It is broken in every way," Dan Krassner, executive director of Integrity Florida, told the newspaper.</p><p>Integrity Florida, along with the House speaker, would like to forgo the contribution limits. That sounds pretty cynical, ceding any election to whomever has the most to spend on it, even if stricter reporting requirements let us know who it is quicker.</p><p>Taking a cue from the financial disclosure enforcement, the legislators should talk less about what rules to establish and more about what happens when those rules aren't followed.</p><p><i>Eric Ernst's column runs Wednesdays, Fridays and Sundays. Contact him at eric.ernst@heraldtribune.com or (941) 486-3073.</i></p>